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ACLU suggests community group be allowed to report violations of DOJ-Portland police agreement

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On Feb. 18, a federal judge in Portland will hold a hearing to consider whether the settlement agreement between the city of Portland and federal justice officials on Portland police reforms is fair, reasonable and adequate.
(File photo)

A federal hearing is just about two weeks away that will allow community input on whether the settlement agreement the city of Portland reached with police on a package of reforms is fair, reasonable and adequate to solve the problems identified by the U.S. Department of Justice.

Already, local activists have submitted their testimony to court officials, as requested.

The Justice Department in the fall of 2012 found that Portland police
engaged in a pattern or practice of using excessive force against people with
actual or perceived mental illness. A settlement agreement calls for reforms
to police policies, training and oversight.

While the ACLU of Oregon believes the agreement still has "significant shortcomings,'' it will lend its support.

Under the agreement as it stands, a city-hired compliance officer/community liaison, expected to serve as a community monitor of the reforms, and federal Department of Justice officials will have the power to bring any substantial violation of the agreement to the court's attention.

Becky Straus, legislative director of the ACLU of Oregon, wrote that the community compliance officer will be "essentially an agent of the City,'' and, in her testimony, argues that the court "should enable an agent of the community to equally access this remedy.''

Because the court already granted enhanced status to the Albina Ministerial Alliance's coalition, allowing it to submit legal briefs and negotiate changes in the agreement, the coalition should be granted the power to report any agreement violations as well, Straus argues in her testimony.

The ACLU also will ask the federal court to provide further guidance on what "substantial compliance'' with the agreement means.

"This case carries a uniquely significant degree of public importance and for that reason all eyes in Portland are watching intently as the case advances to each new state,'' Straus wrote. "Further guidance on what compliance looks like will help to manage the expectations of those in the community who are committed to reform of the Bureau and will better assist the parties to gauge the city's progress.''

The fairness hearing will be held Feb. 18 at 9 a.m. in Simon's 13th floor courtroom in Portland.

Those who can't attend the hearing can
submit a DVD video to the court ahead of time of their testimony. Those
testifying will be allowed five minutes to speak. No more than three
representatives from one organization will be allowed to testify.

According to the judge's order, the court cannot "delete,
modify or substitute certain provisions'' of the agreement, but must make an
"informed, just and reasoned decision,'' as to whether the settlement reforms
as a whole are "fair and adequate to all concerned.''

Parties
to the agreement will be able to raise objections to testimony and
submit post-hearing legal briefs to the court by March 11 before the
judge issues a ruling.

According to the city job notice, the liaison will gather data and
input from the public to assess the city's and police bureau's compliance with the agreement. The position will not be attached to any one city
office, will not be a city of Portland employee, and will be "wholly
independent of the police bureau,'' according to the city's
announcement.

Instead, the person hired will be "responsive to the entire City Council, the public and the Justice Department.''